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Question: What are private facts?
Answer: Private facts are personal details about someone that have not been disclosed to the public. A person's sexual orientation, a sex-change operation, and a private romantic encounter could all be private facts. Once publicly disclosed by that person, however, they move into the public domain.
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Question: Can I be sued for publishing somebody else's private facts?
Answer: Some jurisdictions allow lawsuits for the publication of private facts. In California, for example, the elements are (1) public disclosure; (2) of a private fact; (3) that is offensive to a reasonable person; and (4) which is not a legitimate matter of public concern. Publication on a blog would generally be considered public disclosure. However, if a private fact is deemed "newsworthy," it may be legal to print it even if it might be considered "offensive to a reasonable person."
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Question: Who is a public figure?
Answer:
A public figure is someone who has actively sought, in a given matter
of public interest, to influence the resolution of the matter. In
addition to the obvious public figures ? a government employee, a
senator, a presidential candidate ? someone may be a limited-purpose
public figure. A limited-purpose public figure is one who (a)
voluntarily participates in a discussion about a public controversy,
and (b) has access to the media to get his or her own view across. One
can also be an involuntary limited-purpose public figure ? for example,
an air traffic controller on duty at time of fatal crash was held to be
an involuntary, limited-purpose public figure, due to his role in a
major public occurrence.
Examples of public figures:
- A former city attorney and an attorney for a corporation organized to recall members of city counsel
- A psychologist who conducted "nude marathon" group therapy
- A land developer seeking public approval for housing near a toxic chemical plant
- Members of an activist group who spoke with reporters at public events
Corporations are not always public figures. They are judged by the same standards as individuals.
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Question: Is there a difference between reporting on public and private figures?
Answer: Yes. A private figure claiming defamation ? your neighbor, your roommate, the guy who walks his dog by your favorite coffee shop ? only has to prove you acted negligently, which is to say that a "reasonable person" would not have published the defamatory statement. A public figure must show "actual malice" ? that you published with either knowledge of falsity or in reckless disregard for the truth. This is a difficult standard for a plaintiff to meet.
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Question: What is jurisdiction?
Answer: Jurisdiction refers generally to the authorities who have legal power over you, or, where you could be sued. As a general matter, you can only be subject to the laws of the place where you are present or doing business. Mere publishing of a website, although it may be readable everywhere, does not make you subject to every state and country's law, but if your site offers business transactions with residents of a given state, you may be held to have "purposely availed" yourself of its laws and thus consented to its jurisdiction.
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FAQ: Questions